H.B. No. 2846
AN ACT
relating to the admissibility of certain hearsay statements made by
a child abuse victim.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1, Article 38.072, Code of Criminal
Procedure, is amended to read as follows:
Sec. 1. This article applies to a proceeding in the
prosecution of an offense under any of the following provisions of
the Penal Code, if committed against a child [12 years of age or]
younger than 14 years of age:
(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
Offenses);
(2) Section 25.02 (Prohibited Sexual Conduct);[or]
(3) Section 43.25 (Sexual Performance by a Child); or
(4) Section 15.01 (Criminal Attempt), if the offense
attempted is described by Subdivision (1), (2), or (3) of this
section.
SECTION 2. Section 2(a), Article 38.072, Code of Criminal
Procedure, is amended to read as follows:
(a) This article applies only to statements that:
(1) describe:
(A) the alleged offense; or
(B) if the statement is offered during the
punishment phase of the proceeding, a crime, wrong, or act other
than the alleged offense that is:
(i) described by Section 1;
(ii) allegedly committed by the defendant
against the child who is the victim of the offense or another child
younger than 14 years of age; and
(iii) otherwise admissible as evidence
under Article 38.37, Rule 404 or 405, Texas Rules of Evidence, or
another law or rule of evidence of this state;
(2) [(1)] were made by the child against whom the
charged offense or extraneous crime, wrong, or act was allegedly
committed; and
(3) [(2)] were made to the first person, 18 years of
age or older, other than the defendant, to whom the child made a
statement about the offense or extraneous crime, wrong, or act.
SECTION 3. The change in law made by this Act applies only
to a criminal proceeding that commences on or after the effective
date of this Act. A criminal proceeding that commences before the
effective date of this Act is governed by the law in effect when the
proceeding commenced, and the former law is continued in effect for
that purpose.
SECTION 4. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2846 was passed by the House on May
13, 2009, by the following vote: Yeas 140, Nays 1, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2846 was passed by the Senate on May
27, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor